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Did You Know a Postnuptial Agreement Can Be a Great Alternative to Divorce?


Some couples think divorce is the only way to solve marital issues, but as a psychologically trained divorce attorney and mediator, I often recommend a postnuptial agreement as a healthy alternative to resolving marital issues, especially for couples who don't necessarily want to divorce.

For example, some couples have different money style issues. One partner is spending all the family’s money and the other fears the family will be driven into destructive debt. It’s a great stressor on the family and the concerned spouse decides divorce is the only way to resolve the money problem. Even though there is still love left in the marriage the responsible spouse sees no other alternative. But there is and it is a successful tool known as a postnuptial agreement.

This why we have postnuptial agreements. Postnuptial agreements came into acceptance in the United States in the later portion of the 20th century. It was in the 1970s that postnuptial agreements were met with wide acceptance motivated by what many think was the increase in divorce rates in the 70s.

What Is a Postnuptial Agreement?

A postnuptial agreement is a written contract executed after a couple gets married or has entered into a civil union. The purpose of this contract is to address and settle a couple’s affairs in the event of a separation or divorce.

As a divorce attorney and psychologically trained mediator, I have developed a special and effective use for postnuptial agreements.

When a couple is unhappy due to financial issues, infidelity, child rearing differences, or families not getting along but not quite ready for a separation or divorce, I often suggest they use a postnuptial agreement as a vehicle to get their marriage back on track.

A postnuptial agreement is a unique approach to saving a marriage, and it is highly successful. My role as a divorce attorney/mediator is not always to help end a marriage, but on many occasions to help save a marriage.

When crafting a postnuptial agreement for the purpose of saving a marriage or eventually ending a marriage, I suggest we look at the following:

  1. Assets, liabilities, and income.
  2. Expectations of gifts and inheritances.
  3. The status of gifts, inheritances, and trusts either spouse receives or benefits from, whether before or after marriage.
  4. How post-marital debts will be paid.
  5. Decide who, or if both, will own or occupy the marital residence and secondary homes in the event of death or divorce.
  6. What will happen to your marital property in the event of death or divorce.
  7. What will happen to property—real estate, jewelry, artwork, antiques, etc.
  8. Alimony, maintenance, spousal support, child support, custody and visitation.
  9. Death benefits—what you will provide for in your will.

If you would like to learn more about how a postnuptial agreement could be a great alternative to divorce, call me.

A postnuptial agreement is a unique tool to address issues currently impacting the marriage and keep it on track. It is also a really smart preparation tool if the marriage fails and a divorce follows.

Call me to explore how a postnuptial agreement can work for you and your family

Our FREE 1 HOUR CONSULTATIONS are still available virtually!

Please take advantage of this great service I provide. I look forward to speaking with you.

Warm regards,


Call New York Divorce Lawyer Lois Brenner now to schedule your free postnuptial consultation.

We still have a few openings available this week!! 212.734.1551